AL-Hakim v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MARZUQ AL-HAKIM, DOC #839504, ) ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ___________________________) Case Nos. 2D05-3088 2D05-4760 CONSOLIDATED Opinion filed December 9, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Denise A. Pomponio, Judge. PER CURIAM. Affirmed. See Ortiz v. State, 768 So. 2d 1177, 1177 (Fla. 2d DCA 2000); Moore v. State, 910 So. 2d 947, 947 (Fla. 5th DCA 2005). Our affirmance is without prejudice to any right Marzuq Al-Hakim might have to file a timely and properly sworn motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 following the disposition of his direct appeal in AlHakim v. State, No. 2D05-584 (Fla. 2d DCA Nov. 16, 2005). STRINGER, VILLANTI, and LaROSE, JJ., Concur. -2-

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